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(영문) 광주지방법원 2019.09.10 2019고단1123
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts charged were partly corrected or revised according to facts obtained through the examination of evidence to the extent that it does not materially disadvantage the defendant's defense right.

On June 21, 2019, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud in the Daejeon District Court's Incheon District Court's 201, and the judgment became final and conclusive on June 29, 2019.

1. The defendant has not obtained the consent of the victim as joint and several sureties because he/she received a loan from the loan company located in the six sites of "B", "C", "D", "E", "G" and the defendant set up the victim H as a joint and several sureties.

Nevertheless, on August 17, 2015, the Defendant, within a restaurant operated by the Defendant in Gwangju Mine-gu, filed an application for a loan with the said six-place lending business entities, and entered the name and signature of the victim in the column of joint and several surety in the loan transaction contract, “H”, “J”, and “B (B), and “B,” and “Ulsanbuk-gu, Gwangju Metropolitan City M apartment No. (D, C, E, and F)” in the column of the “H”, “J” and “J”, without the consent of the victim.

Accordingly, for the purpose of uttering, the defendant has forged six copies of the loan transaction contract, joint and several guarantee contract, and loan guarantee contract with the victim who is a private document related to rights and duties as joint and several sureties.

2. The Defendant applied for a loan to the above lending company at the time, place, and in the absence of such forgery, and sent to each of the above lending companies a forged loan transaction agreement as if it were duly formed, and exercised it by facsimile.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of H);

1. Statement of the police statement related H;

1. A complaint (each loan transaction contract, each joint and several guarantee contract, and each loan guarantee contract);

1. Investigation reports (Submission of evidentiary materials by complainants), investigation reports (Submission of materials by complainants-Submission of suspects,O and written contents), and

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